Dictionary Definition
advocate
Noun
2 a lawyer who pleads cases in court [syn:
counsel, counselor, counsellor, counselor-at-law,
pleader]
Verb
1 push for something; "The travel agent
recommended strongly that we not travel on Thanksgiving Day" [syn:
recommend, urge]
2 speak, plead, or argue in favour of; "The
doctor advocated a smoking ban in the entire house" [syn: preach]
User Contributed Dictionary
English
Pronunciation
- Noun:
- /ˈædvəkət/
- /"
Extensive Definition
An advocate is one who speaks
on behalf of another person, especially in a legal context. It is
used primarily in reference to the system of Scots law,
Anglo-Dutch
law and Israeli
law. Implicit in the concept is the notion that the represented
lacks the knowledge, skill, ability, or standing to speak for
themselves. The broad equivalent in many English
law-based jurisdictions is "barrister".
Advocates in Scotland
Advocates, members of the Faculty of Advocates, are counsel who are entitled to present cases in the supreme courts of Scotland: the Court of Session and High Court of Justiciary.Faculty of Advocates
Advocates are regulated by the
Faculty
of Advocates in Edinburgh. The
Faculty of Advocates has about 750 members, of whom about 460 are
in private practice. About 75 are Queen's
Counsel. The Faculty is headed by the Dean of
the Faculty who, along with the Vice-Dean, Treasurer,
Clerk are
elected annually by secret
ballot. The Faculty has a service company, Faculty Services
Ltd, to which almost all advocates belong and which organises the
stables and fee collection. This gives a guarantee to all
newly-called advocates of a place. Until the end of 2007 there was
an agreement with the Law
Society of Scotland, which is the professional body for
Scottish solicitors,
as to the payment of fees, but this has now been abrogated by the
Law Society. It remains the case that advocates are not permitted
to sue for their fees,
as they have no contractual relationship with their instructing
solicitor or with the client http://www.privy-council.org.uk/files/other/husbands-final.rtf.
Their fees are honoraria.
Advocates wear wigs, white
bow-ties (or falls in the case of senior counsel), and gowns as
dress in court. sd
Independent working
Advocates do not operate in chambers; they are entirely independent, although organised in eleven 'stables' for administrative purposes, and work out of the Advocates Library in Parliament House where the Court of Session is situated, in a similar way to barristers in the Republic of Ireland and Northern Ireland. The High Court of Justiciary, where advocates plead criminal cases, is situated across the Royal Mile from Parliament House.Advocates do not act directly
for members of the public, taking instructions from a solicitor.
Since October 2006, however, direct access by others has been
liberalised, and advocates can now accept instructions directly
from an individual or organisation in four main categories - legal
professionals, other professionals, public authorities and a wide
range of other individuals and bodies. The list includes lawyers
from outside Scotland, voluntary organisations, any person or body
subject to complaints by the Scottish Public Services Ombudsman,
any public authority under EU law, recognised charities and
voluntary organisations, public limited companies regulated by the
London Stock Exchange and anyone acting in a governmental, judicial
or legislative capacity http://www.advocates.org.uk/stables/directaccess_pb.html.
Becoming an advocate
The process of becoming an advocate is referred to as devilling. All Intrants will hold an LL.B. (Bachelor of Laws) and the Diploma in Legal Practice qualifying them as solicitors or be members of the Bar in another common law jurisdiction.Devilling
Devilling, as the period of pupillage or training to become an advocate is generally known, lasts between eight and nine months, and comprises a mix of skills training courses and time spent working with a devilmaster. The compulsory skills training courses, are spread across the devilling period and last for about ten weeks in total. For the balance of the period of devilling, devils work closely with their devilmasters.All devils have a principal
devilmaster who is a practising member of the junior bar of at
least seven years standing, and working primarily in civil
practice. Devils also spend part of the time with another
devilmaster practising in the criminal
courts, and many devils spend a short period of time with a
third devilmaster working in a different aspect of civil work from
their principal devilmaster. All devils and devilmasters are issued
the current edition of the Faculty's Devil's Handbook.
In order to take a devil, a
devilmaster must be approved by the Dean of Faculty. The Clerk of
Faculty maintains a list of approved devilmasters, who may be
contacted by email or via the Clerk's office.
Devils are expected to attend
court with their devilmasters, and to attend consultations with
solicitors instructing their devilmaster and with the solicitors'
clients. A devil will also discuss the preparation and presentation
of the cases in which their devilmaster is involved and will be
required to draft written pleadings and opinions.
During the period of
devilling, devils also carry out work for the Free Representation
Unit. This is part of the Faculty's commitment to providing access
to justice for everyone. The Free Representation Unit enables
devils to provide advice and representation to clients of Citizens
Advice Bureau from across Scotland.
Admission to the Faculty of Advocates
At the end of the devilling period, a devil's admission to the Faculty is dependent on certification by the principal devilmaster that the devil is a fit and proper person to be an advocate, and that the devil has been involved in a wide range of work in the course of devilling. A devil's competence in a number of aspects of written and oral advocacy is assessed during devilling, and if a devil is assessed as not to be competent, they will not be admitted to the Faculty. Further details of this process can be found in the assessment section.Recent developments
In recent years, more advocates have come to the Scottish Bar after some time as solicitors, but it is possible to qualify with a law degree, after a year's traineeship in a solicitor's office and almost a year as a 'devil', or apprentice advocate. There are exceptions for lawyers who are qualified in other European jurisdictions, but all must take the training course as devils.Until 2007, a number of young
European lawyers were given a placement with advocates under the
European Young Lawyers Scheme organised by the British
Council. They are known as 'Eurodevils' in distinction to the
Scottish 'devils'. This scheme has now been withdrawn by the
British Council.
Lawyers qualified in other EU
states (but not England and Wales) may have limited rights of
audience in the Scottish supreme courts if they appear with an
advocate, and a few solicitors known as 'solicitor-advocates' have
rights of audience, but for practical purposes advocates have
almost exclusive rights of audience.
Some well-known advocates
Some well known Scottish advocates in the past were Sir Walter Scott, Alexander Boswell, James Boswell, David Dalrymple, Robert Louis Stevenson, Henry Home and Alexander Wedderburn. Others, at the present day , include Alastair Darling, Menzies Campbell, Malcolm Rifkind, Desmond Browne, Donald Findlay,and Ian Hamilton.Advocates in the Channel Islands
Advocates, properly called Advocates of the Royal Court, are the only lawyers with rights of audience in the Channel Islands. To become an advocate, one has to possess a valid law degree or diploma, plus a qualification as an English barrister or solicitor, or a French avocat. They must then study for the Guernsey or Jersey Bar. In Guernsey, three months of study of Norman law at the Université de Caen is required; this is no longer the case in Jersey. Guernsey Advocates dress in the same way as barristers, but substitute a black biretta-like toque for a wig, while those in Jersey go bare-headed. Advocates are entitled to prefix their names with 'Advocate'; e.g. Mr Tostevin is called to the Guernsey Bar and is henceforth known as Advocate Tostevin.Advocates in England and Wales
In England and Wales Advocates were counsel in the ecclesiastical courts.Advocates in India
In India, the law relating to the Advocates is the Advocates Act, 1961 which is a law passed by the Parliament and is administered and enforced by the Bar Council of India. Under the Act, the Bar Council of India is the supreme regulatory body to regulate the legal profession in India and also to ensure the compliance of the laws and maintenance of professional standards by the legal profession in the country. For this purpose, the Bar Council of India is authorized to pass regulations and make orders in individual cases and also generally.Also, under the Act the
different structure has been provided. Each State
has a Bar Council of its own whose function is to enroll the
Advocates willing to practice predominately within the territorial
confines of that State and to perform the functions of the Bar
Council of India within the territory assigned to them. Therefore
each law degree holder has to get enrolled with a (and only one)
State Bar Council in order to be authorized to practice in India. However
enrollment with any State Bar Council does not restrict the
Advocate from appearing before any court in India even though it is
beyond the territorial jurisdiction of the State Bar Council with
which he is enrolled.
The advantage with having the
State Bar Councils is that the work load of the Bar Council of
India can be divided into these various State Bar Councils and also
that matters can be dealt with locally and in an expedited manner.
However for all practical and legal purposes, the Bar Council of
India retains with it the final power to take decisions in any and
all matters related to the legal profession on the whole or with
respect to any Advocate individually, as so provided under the
Advocates Act, 1961.
The process for being entitled
to practices in India is two fold. First, the applicant must be a
holder of a law degree
from a recognized institution in India and second, must pass the
enrollment qualifications of the State Bar Council where he/she
seeks to get enrolled with. For this purpose, the Bar Council of
India has an internal Committee whose function is to supervise and
examine the various institutions conferring law degrees and to
grant recognition to these institutions ones they meet the required
standards. In this manner the Bar
Council of India also ensures the standard of education
required to be meted for practicing in India are met with.
As regards the qualification for enrollment with the State Bar
Council, while the actual formalities may vary from one State to
another, yet predominately they ensure that the application has not
been a bankrupt
/criminal and is
generally fit to practice before courts of India.
Enrollment with a Bar Council
also means that the law degree holder is recognized as an Advocate
and is required to maintain a standards of conduct and professional
demeanor at all times, both on and off the profession. The Bar
Council of India also prescribes "Rules of Conduct" to be observed
the Advocates in the courts, while interacting with
clients and even otherwise.
All Advocates in India are at
the same level and are recognized as such. Any distinction, if any,
is made only on the basis of seniority, which implies the length of
practice at the Bar. As a
recognition of law practice and specialization in an area of
law, there is a concept of
conferral of Senior Advocate status. An Advocate may be recognized
by the District and Sessions Court (in case of a trial court
Advocate) or by the Judges of the High
Court (in case of a Advocate practicing before that High Court)
or by the Supreme
Court (in case of the Advocate practicing before the Supreme
Court). While the conferral of Senior Advocate status not only
implies distinction and fame of the Advocate, it also requires the
Senior Advocate to follow higher standards of conduct and some
distinct rules. Also, a Senior Advocate is not allowed to interact
directly with the clients. He can only take briefs from
other Advocates and argue on the basis of the details given by
them.
Further, under the Constitutional
structure, there is a provision for elevation of Advocates as
judges of High
Courts and Supreme
Court. The only requirement is the Advocate must have a ten
years standing before the High Court(/s) or before the Supreme
Court to be eligible for such. (Article 217 and 124 of the
Constitution of India for High Courts and Supreme Court
respectively)
Advocate
The lowest level is the Advocate, who is Eligible to practice in the district courts or lower. One can qualify as an Advocate after completion of a law degree and six months pupillage under an Advocate in his/her chambers.Advocate High Court
Advocate High Court is the second level, and is eligible to practice in the High Courts of Pakistan and below. A license is obtained after successful completion of two year's practice in the lower courts by application which is reviewed by a body of High Court Judges headed by the respective provincial Chief Justices and the relevant provincial Bar Council. Most applications after successful completion of the requirement are accepted.Advocate Supreme Court
Advocate Supreme Court is the third level. After successful completion of ten years practice at the High Courts by application to the Pakistan Bar Council and reviewed by a panel of Supreme Court Judges headed by the Chief Justice of Pakistan. (Before 1985 the requirement was successful completion of five years practice in the High Courts of Pakistan.) Over fifty percent of the number of applications after successful completion of the requirement are accepted. An unsuccessful application in one year does not bar the candidate from re-applying in the next judicial year.Senior Advocate Supreme Court
The highest level is the Senior Advocate Supreme Court. It is Pakistan's title equivalent to Queen's Counsel in the United Kingdom.After at least fifteen years
practice by invitation by or an application to a panel of Supreme
Court Judges headed by the Chief Justice of Pakistan. Very few
applications are accepted and even fewer invitations are made.
Attorney Generals are invited by the Supreme Court on appointment
to the office. So are some notable High Court judges who upon
retirement choose to practice in the Supreme Court where they are
still eligible to do so.
External links
advocate in Czech:
Advokát
advocate in Polish:
Adwokat
advocate in Urdu:
وکیل
Synonyms, Antonyms and Related Words
Maecenas, abet, abettor, acquaintance, admirer, advance, advise, aficionado, agent, aid and abet, allege in
support, alpenstock,
alter ego, alternate,
amicus curiae, angel,
answer, apologete, apologist, apologizer, argue for,
arm, assert, athletic supporter,
attorney,
attorney-at-law, back,
backbone, backer, backing, backstop, backup, backup man, bandeau, barrister, barrister-at-law,
bearer, best friend,
blandish, boost, bosom friend, bra, brace, bracer, bracket, brassiere, brief, brother, buff, buttress, cajole, call on, call upon,
cane, carrier, casual acquaintance,
cervix, champion, close acquaintance,
close friend, coach,
coax, comfort, commend, confer, confidant, confidante, consult with,
contend for, corset,
counsel, counselor, counselor-at-law,
countenance,
counter, crook, crutch, cry up, defend, defender, dependence, deputy, direct, dummy, embolden, encourage, encourager, endorse, endorser, espouse, executive officer,
exhort, exponent, expounder, familiar, fan, favor, favorer, fellow, fellow creature, fellowman, figurehead, forward, foundation garment,
friend, friend at court,
fulcrum, girdle, go for, guard, guide, guy, guywire, hearten, high-pressure, hype, importune, inseparable friend,
insist, insist upon,
instruct, intercessor, intimate, jawbone, jock, jockstrap, justifier, justify, keep in countenance,
kibitz, lawyer, legal adviser, legal
counselor, legal expert, legal practitioner, legalist, lieutenant, lobby, locum, locum tenens, lover, mainstay, maintain, maintainer, make a plea,
mast, meddle, mouthpiece, nag, neck, neighbor, other self, paladin, paranymph, partisan, patron, pickup, pinch hitter, plead for,
plead with, pleader,
plug, prescribe, press, pressure, proctor, procurator, promote, promoter, prop, proponent, propose, protagonist, protector, proxy, puff, push, rebut, recommend, refute, reinforce, reinforcement, reinforcer, reliance, reply, repository, representative, respond, rest, resting place, rigging, riposte, say in defense, sea
lawyer, second, second in
command, secondary,
seconder, sectary, self-styled lawyer,
shine upon, shoulder,
shroud, side with,
sider, smile upon,
soft-soap, solicitor,
speak for, speak highly of, speak up for, speak warmly of, speak
well of, spine, sponsor, sprit, staff, stalwart, stand behind, stand
up for, stand-in, standby, standing rigging,
stave, stay, stick, stick up for, stiffener, strengthener, submit, subscribe, substitute, successful
advocate, suggest,
support, supporter, surrogate, sustain, sustainer, sweet-talk,
sympathizer,
tout, understudy, uphold, upholder, urge, urge reasons for, utility
man, vicar, vicar general,
vice, vicegerent, vindicate, vindicator, votary, walking stick,
well-wisher, wheedle,
whitewasher, work
on